Tuesday, December 13, 2005

This Sh*t is for the birds

Actual Fact Pattern from an Exam I took last year:

Hester Hawk, a well-known lawyer who lives and practices in the State of Wishagain, has begun to expand her practice in the neighboring states of Depression and Euphoria. In an effort to cut down on the travel time when she litigates outside of Wishagain, Hawk has just leased a private plane from her friends, Walter Wren, who lives and works in the State of Euphoria and Simon Sparrow, a citizen of Wishagain. Wren and Sparrow, doing business as a partnership-Sparrow and Wren Wings-purchased two small planes capable of carrying six passengers last year; their plan was to use the planes to take Euphoria tourists on tours of the world famous Euphoria Canyon by air. They had absolutely no plans to operate any of their planes outside of Euphoria, and tourists could only reserve spaces on their Euphoria Canyon tours in person at the main Sparrow-Wren office in Euphoria. The two planes they purchases were manufactured by Wright Air, Inc. a corporation which was incorporated with its principle place of business in the state of Tranquility.

Unfortunately for the partnership, business was slow, so when Hawk approached them to inquire about the possibility of leasing one of the planes, the partners agreed. All negotiations with respect to the lease were conducted in the State of Euphoria, and Hawk, who was a licensed pilot, picked up the plane there and flew it back to an airfield in Wishagain. Under the terms of the lease, Hawk was to send her monthly lease payments to the partnership in Euphoria; additionally, Hawk was required to return the plane for service ever three months to Sparrow and Wren in Euphoria. The lease also provided that in the event maintenance took longer then three hours, Hawk would be provided with a loaner Porsche Carrera to transport her back and forth from Wishagain. (The partnership did not wish to give Hawk their other plane as a loaner, but during negotiations Hawk agreed to accept a fancy sports car in lieu of another plane during any lengthy maintenance service).

Hawk, who serves as the managing partner of her law firm in Wishagain, recently hired Glen Goldfinch, a first year law student at Wishagain State University Law School, to work during the summer in her office to do some research. Goldfinch was born and raised in a state of Anxiety. He received his B.A. from Anxiety State University and lived at home with his parents during his four undergraduate years to save money. When he was accepted at Wishagain State University Law School, he signed a 9 month lease to live in the WSU Law School Dormitory; when he got the summer job at Hawk's firm, he sublet an apartment in Wishagain from another Law Student who had left the area for the summer. As a result of his lack of funds, Goldfinch does not have a car, but was planning to purchase one with his earnings from his summer employment. Goldfinch was hoping that as a result of his summer work in Hawk's firm he would be offered a permanent position upon his graduation; during his preemployment discussions with Hawk, Hawk did in fact suggest that the summer position might lead to an offer of future employment. In anticipation of getting a permanent job with Hawk's firm, Goldfinch registered to vote in Wishagain on May 1, 2002.

Shortly after Goldfinch began work at Hawk's firm, Hawk suggested that he accompany her and one of her partners, Paula Pigeon, to a deposition in the neighboring State of Depression. Goldfinch eagerly agreed; he was anxious to spend as much time as he could with Hawk to impress her with his intelligence and legal ability. While en route, the plane experienced mechanical difficulties and crashed in the State of Depression. Fortunately, both passengers, Pigeon and Goldfinch, as well as Hawk, the pilot, all survived. All three-Hawk, Pigeon, and Goldfinch were treated at the crash site by Dan Dove, an EMS worker and then rushed to Depression General Hospital. While Dove worked at Depression General, he lived in the nearby state of Wishagain.

Goldfinch was first to sue. He retained an attorney, Frank Falcon from the law firm of Falcon, Krestel, and Cardinal located in Depression. Falcon and Goldfinch had several discussions about where to file the suit. Falcon favored filing in Depression since he thought the law was more favorable there; Goldfinch suggested that Wishagain was just as convenient since the Wishagain Federal Court was only 75 miles from the crash site and 65 miles from Depression General. In the end, Goldfinch v. Sparrow and Wren Wings was filed in the Depression Federal Court on February 1, 2002. (The crash took place on January 15th, 2002 and Depression has a 2 year statute of limitations.) Goldfinch's claim was that Sparrow and Wren had no properly maintained the plan and that faulty maintenance was the cause of the crash.


Yeah, the best part-this exam was written by a Dean at my school.

4 comments:

Anonymous said...

why don't you just type out "shit" and "fuck" instead of using *'s? i mean, we are all big girls and boys here, i'm sure we can handle a vowel.

Elle Woods said...

It's more about avoiding random google hits then anything else. I do swear (quite a but...ok I'm a sailor) in real life but I am really trying to curb the habit (and have been for years) so I feel if I don't actually type them it's not swearing.

Plus, I'm considering giving my mom my Blog address and while I do swear in front of her I don't really want her reading my usage of profanity.

Anonymous said...

that makes no sense...it's not like you are using random symbols for the "bad words", you are only leaving out the vowel. i think your mom (as well as everyone else) is smart enough to realize that you are not actually trying to sensor yourself

Elle Woods said...

It's really more about the random google hits then anything else, my mom doesn't even have the blog address yet.